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Home > Law > Criminal Law   »   felony conviction hurting professional career

 
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Old Mar 9, 2007, 07:02 AM
scouters1
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felony conviction hurting professional career

I have a felony drug conviction on my record from 8 years ago, for which I did 3 years in state prison. Since getting out, Ive completed 3 years of college and have a 3.9 gpa. I interned at a major insurance company (will remain nameless), after my internship they offered me a full time position. After a background check they rescinded the offer (i didnt lie on application, I think they just didnt look at the app too closely) because I cant be bonded. They told me I was never supposed to get hired for the internship to begin with. Do I have a case against this company and also why cant I be bonded?

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Old Mar 9, 2007, 07:11 AM   #2  
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Bonding is a type of insurance policy which says the bonding company warranties you regarding theft. If you steal money they will reimburse. If you were to get 10 speeding tickets and 2-3 accidents you would find the same problem with getting car insurance. You are not considered a good risk. You have no case against them because job offers are not guaranteed and frequently are contingent on successfully meeting the company requirements for employment.

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Old Mar 9, 2007, 07:11 AM   #3  
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I know here in Tennessee you can not get an insurance license with any felonly confiction, it is just state law.

And no you don't have a case against them, being a criminal is not a protected class of person and they have every right not to hire you ( even if you could get bonded)

You can call the bonding companies, some may bond you, but the bond will be much more costly, various things can effect the cost, from credit rating and more.

But various insurnace companies have all sorts of rules, some will not let you work for them if you have a bankruptcy on your record.

But a felony drug conviction will hurt your job opportunities, forever unless you have it explunged, and even then it will still effect national security positions

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Old Mar 9, 2007, 07:39 AM   #4  
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Quote:
Originally Posted by scouters1
Do I have a case against this company and also why cant I be bonded?
Hello scouters:

1) No, you don't have a case, because you don't have a right to a job in this country. Without an employment or union contract, anybody can be fired for any reason at any time, unless they're in a protected class.

2) I think you CAN be bonded - maybe not by THEIR bonding company, but if you shop for a bond, you'll find one.

excon
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Old Mar 9, 2007, 07:49 AM   #5  
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Quote:
Originally Posted by excon
Hello scouters:

1) No, you don't have a case, because you don't have a right to a job in this country. Without an employment or union contract, anybody can be fired for any reason at any time, unless you're in a protected class.

2) I think you CAN be bonded - maybe not by THEIR bonding company, but if you shop for a bond, you'll find one.

excon
Thanks excon, your feedback is appreciated greatly.
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Old Mar 16, 2007, 09:17 PM   #6  
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There are insurance "companies" and "agencies". You stated you were hired by an insurance company, so I wll assume you dont work for an insurance company not an agency. Insurance companies are "financial" institions much like banks and banks are generally required by the govt to have a banker's blanket fidelity bond on employees. I may be wrong and you can check with the insurance dept in the state where your insuance company is domiciled and you will probably find that as a condition of doing business in the state, they, the insurance company must have a blanket fidelity bond much like the requirement for banks. In your case, the insurance company that you are employed with, realizes now (since they apparently have discovered your conviction), that the provider of the blanket fidelity bond will simply deny coverage for any loss caused by you or alledgedly caused by you (since attorney's fees are a factor) since your employer is now aware of the conviction and thus, they might simply not be willing to take an uninsured risk, that risk being your dishonest acts that might cause them a financial loss.

I think it highly unlikely that your employer, the insurance company, will find acceptable, any fidelity bond that you offer them - it's too cumbersome to keep up with especially if your employer is a major insurance company, just not practical, too many things can happen but you could certainly try to offer a bond to them if you can even find one and one a price you or they can or want to afford. But it might have to an amount equal to what their blanket bond is which may be $ 1,000,000 or more, might have to be from an insurance company rated A or better, maybe A+, no B or C rated insuror., might have to contain certain other provisions too many to mention here. Yes, it's true that not every risk can be insured for degree of exposure concerns and from just simply being impractical.
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